Florida Regulations 61G14-17.002: Probable Cause Determination
Current as of: 2024 | Check for updates
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(1) The determination as to whether probable cause exists to believe that a violation of the provisions of Chapter 445 or 310, F.S., or the rule promulgated thereunder has occurred shall be made by a probable cause panel of the Board. The panel shall consist of three (3) Board members, not more than one (1) member of the panel shall be a non-pilot Board member. Former Board members who hold an active valid license may serve on the Probable Cause Panel but at least two (2) current Board members must be members of the Panel at all times.
(2) If, after consideration of all evidence and information gathered during the investigation of a marine incident or other complaint, the Probable Cause Panel is of the opinion that an immediate danger to the public health, safety and welfare exists if the certificated deputy or licensed pilot involved is allowed to continue to serve, then the Panel shall immediately recommend to the Secretary of the Department that the privilege to so serve be immediately suspended, under the procedures provided in Florida Statutes § 120.60(7), pending final disposition of the case.
Rulemaking Authority 310.011, 455.225(4) FS. Law Implemented 455.225(4) FS. History-New 1-28-80, Formerly 21SS-8.06, Amended 9-4-91, Formerly 21SS-8.006, 21SS-17.002, Amended 4-5-04.
Terms Used In Florida Regulations 61G14-17.002
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
Rulemaking Authority 310.011, 455.225(4) FS. Law Implemented 455.225(4) FS. History-New 1-28-80, Formerly 21SS-8.06, Amended 9-4-91, Formerly 21SS-8.006, 21SS-17.002, Amended 4-5-04.